CCR2003161"~
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #161-2003
RESOLUTION AS TO SUBSTANTIAL CHANGE TO THE MRED PLANNED
DEVELOPMENT DISTRICT, AUTHORIZE CONSTRUCTION OF A JETZFUEL
GASOLINE SERVICE STATION AND CAR WASH IN THE REDEVELOPMENT
DISTIRCT NO.1 PROJECT AREA, AND
APPROVAL OF AN EARLY START AGREEMENT
(O'Connor Petroleum Company)
WHEREAS, a Petition was submitted by O'Connor Petroleum Company for Building,
Site and Operation Plan approval for a gasoline service station and car wash to be
located within the MRED Planned Development District located in the SE 1/4 of Section
2 (Janesville Road, Tax Key No. 2167.995.011); and
WHEREAS, The Common Council of the City of Muskego held a public hearing on July
8, 2003 to consider a substantial change to the approved MRED Planned Development
District; and
WHEREAS, The Redevelopment Plan for the Redevelopment District NO.1 Project
Area (the "Redevelopment Plan") was duly approved and adopted by the Community
Development Authority (the "CDA") on the 12th day of February, 2003, and by the
Common Council on the 25th day of February, 2003; and
I'~ WHEREAS, The CDA duly certified the Redevelopment Plan to the Common Council on
the 12th day of March, 2003; and
WHEREAS, The Common Council approved a resolution prohibiting new construction in
the Redevelopment District No.1 Project Area unless first approved by the Common
.Council on the 25th day of March, 2003; and
WHEREAS, O'Connor Petroleum Company intends to apply for a construction permit
for the construction of a Jetzfuel Gasoline Service Station and Car Wash to be located
on Lot 1 of CSM #9464 which is within the Redevelopment District No.1 Project Area.
NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of
Muskego does hereby approve the petition of O'Connor Petroleum, Inc. for a change to
the approved MRED Commercial Planned Development District to allow construction of
a gasoline service station and car wash.
BE IT FURTHER RESOLVED That this approval is subject to the receipt of all fees as
provided in the City of Muskego Municipal Code, and any special assessments which
may be due.
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BE IT FURTHER RESOLVED That the Common Council of the City of Muskego does
hereby determine that the construction of a Jetzfuel Gasoline Service Station and Car
Wash on Lot 1 of CSM #9464 is consistent with the Redevelopment Plan and does
hereby authorize the issuance of a permit and construction of said facility.
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Reso. #161-2003
BE IT FURTHER RESOLVED That the Common Council of the City of Muskego does
hereby approve the attached MRED (Janesville/Moorland) Associates LP Early Start
Construction Agreement - Lot 1 CSM #9464, subject to any technical changes
necessary as approved by the Building Inspector/Engineering Director and Mayor.
BE IT FURTHER RESOLVED That building and occupancy permits will not be issued
until the Building Inspection/Engineering Director has determined that the conditions
outlined in the Agreement have been satisfactorily met.
DATED THIS 22nd DAY OF Julv ,2003.
SPONSORED BY:
Mayor Mark A. Slocomb
Deferred: 7/8/03
This is to certify that this is a true and accurate copy of Resolution #161-2003 which
was adopted by the Common Council of the City of Muskego.
~K ìY1~ rk- Treasurer
7/2003 jm
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MRED (JANESVILLE I MOORLAND) ASSOCIATES LP
EARLY START CONSTRUCTION AGREEMENT - LOT 1. CSM #9464
MRED (Janesvilie/Mooriand) Associates LP, hereinafter referred to as "Developer", hereby
certifies that Developer is constructing certain improvements in the City of Muskego to benefit real
property legally described as:
Lot 1 of CSM #9464, being a part of Lot Two (2) of Certified Survey Map No. 9332 located
in the SW 14 of the SW 14 of Section 2, T5N R20E, City of Muskego, Waukesha County,
Wisconsin, recorded in the Register of Deeds for Waukesha County on November 15,
2002 in Volume 86 of Certified Survey Maps at Pages 215-220, inclusive, as Document
No. 2879712, and (hereinafter referred to as the "Property").
O'Connor Petroleum Company, Inc. (Wisconsin), hereinafter referred to as "Builder", is the owner
of the Property and hereby certifies that they understand that Section XIII of the Developer's
Agreement for completion of certain improvements benefiting the Property (hereinafter referred to
as the "Improvements"), provides that:
"It is expressly understood and agreed that no building permits or occupancy permits shall
be issued for any commercial buildings until the Director of Engineering and Building has
determined that:
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1. The sanitary sewer, water main, and surface water drainage facilities required to serve
the Property are connected with an operational system as required herein, and
installation of the bituminous concrete base course pavement has been properly
installed, and
2. Video tape of sanitary sewer system has been furnished to the Director of Engineering
and Building, and
3. Certification is provided to the Director of Engineering and Building by a Registered
Land Surveyor that all lot grades cònform to the Master Grading Plan, and
4. Negative balance in Developer's Deposit is satisfied unless otherwise authorized by
the Planning Director.
5. Recreation Trails have been designed and approved pursuant to the requirements of
Section /1/ (G) of this Agreement.
Developer and Builder jointly and severally acknowledge notice of the above referenced
conditions and any other applicable conditions, laws, rules, or regulatigns and agree to assume all
risks of satisfaction of those conditions created as a result of the City's issuance of a building
permit to Builder, and DevelGAer and Builder proceeding with construction of the Improvements
prior to satisfaction of said conditions and any other applicable conditions, laws, rules, or
regulations.
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Developer and Builder jointly and severally specifically agree to indemnify and hold the City of
Muskego harmless for any costs or damages incurred if an occupancy permit is not issued due to
a failure to satisfy the conditions referenced above, and any other applicable conditions, laws,
rules, or regulations.
MKE/858062.1
Early Start Construction Agreement, Lot 2 CSM 9464
Page 2
Developer and Builder jointly and severally specifically acknowledge that no occupancy permits
for any structure on the Property, shall be issued prior to satisfaction of the conditions stated
above and any other applicable conditions, laws, rules, or regulations. tÞ
The undersigned understand the above and request that the City of Muskego issue a permit to
construct the Improvements prior to Developer's completion of the Improvements.
DEVELOPER: MRED (JANESVILLE I MOORLAND) ASSOCIATES, A WISCONSIN
LIMITED PARTNERSHIP
By:
MRED(Janesvilie/Moorland), Inc.
Mark Redmond, President
STATE OF WISCONSIN) SS
WAUKESHA COUNTY )
PERSONALLY came before me this
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day of , 2003, Mark Redmond, to me known
to be the person who executed the foregoing instrument and acknowledged the same.
Notary Public, Waukesha County, Wisconsin II
My commission expires
BUILDER: O'CONNOR PETROLEUM, INC.
By:
Robert M. O'Connor, President
By:
Timothy J. Klein, VP
STATE OF WISCONSIN) SS
WAUKESHA COUNTY) .
H
PERSONALLY came before me this day of -' 2003 , to me known
to be the persons who executed the foregoing instrument and acknowledged the same.
Notary Public-State of Wisconsin
My Commission Expires
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MKE/858062.1